McQuarrie Chapter 9- Strikes and Lockouts

Question 1

What is a strike? What is a lockout?

Answer 1

Strike: Members of bargaining unit withdraw their labour

Lockout: Employer closes all or part of workplace so workers cannot work

Question 2

What are pseudonyms for strikes/lockouts?

Answer 2

Industrial action/industrial conflict

Question 3

When can a strike take place?

Answer 3

Only WHILE collective bargaining is in progress

Question 4

Why dos trikes occur?

Answer 4

Negotiations have broken down

Question 5

Is ZERO work being done when a strike is on?

Answer 5

Not necessarily, (Rotating strikes), (Work to rule campaigns) can be considered strikes

Question 6

Why perform strikes?

Answer 6

Inflict economic pain on other side to force acceptance of bargaining demands?

Question 7

Who tends to win in a strike?

Answer 7

The party that is better able to withstand economic pain

Question 8

What is a rotating strike?

Answer 8

A strike that may only happen on certain days (high volume sales days) or rotating which department in the facility is striking.. Goal: nuisance to company, less so to employee

Question 9

How can strikes be brought about in the wrong manner?

Answer 9

A strike can be a very poor decision in reality, which occurs as a result of:

• lack of bargaining experience
• limited disclosure of info
• complexity of issues
• miscalculation of other sides position
• Changes in expectations during bargaining

Question 10

What factors bring about strikes?

Answer 10

Unions and managements distrust of each other

• Worker dissatisfaction
• Managements willingness to address discontent
• Ability of union leaders to mobilize discontent
• Whether strikes are socially legitimate
• As a way to visibly express concerns

Question 11

How does the Bargaining Structure relate to striking?

Answer 11

Here, Structure refers to Size of bargaining unit

LARGER unit; more likely to strike, more pressure is exerted when more workers are striking

Strikes involving SMALLER units tend to be longer than those of larger

Question 12

What are some individual factors affecting a strike?

Answer 12

• Loyal union members more likely to support
• Nature of past relationship between the parties can have an effect
• Whether or not strikes or lockouts were effective in the past can affect

Question 13

What are legal preconditions for a strike to occur?

Answer 13

Must only occur during:

• collective bargaining
• When an existing collective agreement has expired
• Must be authorized by a secret ballot ‘Strike vote’ by members of bargaining unit
  - >Majority vote required
• Most jurisdictions require that third party intervention must occur before a strike/lockout action. Attempt at mediation
• Union must give notice as to when action will begin
• Essential Services cannot strike (essential service stopping causes threat to public safety or health)

Question 14

What is Back To Work Legislation?

Answer 14

The government mandates that the courts end strikes.. this action can cause long term difficulty with the striking unit

Question 15

Can striking workers work elsewhere?

Answer 15

Yes

Question 16

What two major factors affect how a strike or lockout proceeds?

Answer 16

Picketing:

• Help strikers gain public support for striking or locked-out workers
• To discourage individuals from entering employers premises

-Hiring of temporary workers (‘scabs’)

Question 17

Why is regulating picketing complex?

Answer 17

Shared premises: Employer shares their premises with other businesses. The picketers must not interfere with the work at the other businesses.

Secondary Picketing: picketers go to suppliers of the business or to other locations that are not on strike or locked out

Question 18

When is secondary picketing legal?

Answer 18

Union must prove that supplier or associate being picketed does business ONLY or PRIMARILY with the employer.

Secondary picketing s done to attempt to hamper employers revenue making

Question 19

What rules surround Picketing?

Answer 19

Picketers cannot break any regular laws.. No vandalism or destruction of property, or intimidation of people entering/leaving the property.

FACT ONLY
Picket signs and any leaflets distributed etc must not contain libel

Question 20

What is ‘crossing the picket line’

Answer 20

Crossing the picket line means going against everyone who is striking, and going to work so as to continue to make money

Question 21

What is a ‘hot declaration’?

Answer 21

AKA boycott: Union calls it so that other union members will not handle the goods of the struck company

Question 22

What are some reasons to permit replacement workers?

Answer 22

• The employers business should not be affected by decision of workers to withdraw their labour
• Prolonged shutdown or reduction could cause lasting harm to the business
• If striking workers are not banned from earning elsewhere during strike, the employer should not be banned from earning revenue likewise

Question 23

What are some arguments against permitting replacement workers?

Answer 23

• Such a practice unduly favours the employer
• Removes any conomic incentive employer had to cede to unions demands
• Creates great potential for picket line violence

Question 24

What is a Professional Strike Breaker?

Answer 24

Someone who is hired full time during a strike to fulfill the work duties. Forces strikers to get back to work or perish

Question 25

Where is the hiring of professional strike breakers illegal?

Answer 25

BC and Ontario

Question 26

When can managers do work of union members

Answer 26

When they were already managers at the location before the strike began

Question 27

When can replacement workers be acceptable

Answer 27

Essential Services

Question 28

When does a strike end?

Answer 28

• Collective Agreement is reached
• One party ceases its actions (returns to bargaining)
• Back to work legislation

Question 29

How do the parties prepare for strike?

Answer 29

Unions can hold reserves of $$ to maintain strike pay over extended period of time.

Employers can set resources aside likewise in preparation

Question 30

What is a measure of strike/lockout activity?

Answer 30

“Lost-person Days”

Question 31

Comment on Canadian Strikes

Answer 31

Tend to be longer, but we have fewer